Ormond man charged in rape of cerebral palsy agency client

A former employee of the local United Cerebral Palsy has been charged with raping a client during a date he set up for the woman and her boyfriend, also an agency client, a charging affidavit shows.

KATIE KUSTURASTAFF WRITER

A former employee of the local United Cerebral Palsy has been charged with raping a client during a date he set up for the woman and her boyfriend, also an agency client, a charging affidavit shows.

Donald Viers, 59, of Ormond Beach was arrested Tuesday and charged with sexual battery on a mentally defective person, Volusia County sheriff's spokesman Brandon Haught said in a release.

United Cerebral Palsy is a national organization that “educates, advocates and provides support services to ensure a life without limits for people with a spectrum of disabilities,” according to the organization's website.

Investigators say Viers had the woman touch him after he exposed himself while in a car. Later that same day last June, investigators say Viers sexually battered the 31-year-old woman while at Viers' home.

Viers has denied all of the sexual allegations, but admitted to investigators he set up a social engagement involving a male client of the organization and the victim where he took them to his home and a restaurant last June 2, Haught said.

Viers was taken to the Volusia County Branch Jail on Tuesday where he posted $50,000 bail Wednesday, shortly before noon, a booking officer said. He could not be immediately reached Wednesday.

Craig Byrd, president and CEO of the organization's Daytona Beach office, said Viers started his employment Dec. 15, 2008, as a training specialist where he taught clients work skills and helped them complete work with local companies.

Byrd said he was notified June 4, 2012, of the case against Viers, who was placed on administrative leave June 5, 2012, and terminated shortly thereafter when he did not respond to the organization's efforts to contact him following the accusations.

He wanted it known that the alleged activity between Viers and the client took place on a Saturday, not during work hours, and Viers was not given any type of permission to socialize with the clients. He also said nothing showed up in Viers' background check, and no additional accusations have been made against Viers.

Byrd said Viers, like other employees, took part in a class on abuse and neglect May 21, 2012, and whether or not Viers is convicted of the charge, "he would've known full well that was abuse." Byrd said clients are also given the class so they can learn how to recognize abuse or neglect if it happens to them.

In an interview with a Child Protection Team case coordinator, the woman said Viers picked her up from her home and took her to his house, according to the affidavit. She told the coordinator after Viers took a shower, during which he left the bathroom door open, he walked around naked and tried to get her to have sex with him, but she told him no.

She then said they picked up the male client from his home, and while on the way back to Viers' house, Viers exposed himself in the car and put her hand on his genitals, according to the affidavit. She said she and the male client, who is 30, both removed their clothes when they got back to Viers' home.

Viers then removed the sheets and blankets from his bed and put two towels down, the woman told the case coordinator, according to the affidavit. She said while she was having sex with the male client, Viers also started having sex with her.

The woman told the case coordinator the three of them got dressed and were supposed to go to a movie, but only got something to eat instead before Viers dropped them both off at their respective homes, according to the affidavit. She told the case coordinator that neither Viers or the male client are her friends anymore.

After Assistant State Attorney Tiffany Adleman and the male United Cerebral Palsy client's attorney agreed statements made by the male would not be used against him, the male was interviewed Jan. 11, according to the affidavit.

The male said he asked Viers to help him with a dinner and movie date with the woman, who he met at United Cerebral Palsy and said was his girlfriend, according to the affidavit. Instead of taking the couple out, Viers took them to his Ormond Beach home where he then took his clothes off after asking the woman to do the same.

The male said Viers raped the woman, and when he heard her scream, he ran into the bedroom and pushed Viers off of her, according to the affidavit. The male also confirmed the woman's statement that Viers exposed himself in the car and made her touch him.

After pushing Viers off, the male said he took his clothes off and asked the woman if he “could make love to her,” but when she said no, he forced himself on her and “was holding (her) down while making love to her,” according to the affidavit. He let her go when she asked, and then they both got dressed, and Viers took them home after they stopped for food.

The male said Viers told him and the woman “to not tell anyone that they did not go to the movies,” according to the affidavit.

Viers told investigators he was going to serve as a driver for the couple on their date, according to the affidavit. Viers told them he took the woman to Flagler Beach where they watched surfers.

Viers told investigators they went to the beach again after picking up the woman's boyfriend and then to Viers' home where the couple watched TV while Viers showered and took a nap, according to the affidavit. The three were then supposed to go to a movie, but went to Checkers for food after realizing they missed the movie.

United Cerebral Palsy has a policy prohibiting employees from socializing with clients, a policy Viers claimed he was unaware of, Haught said.

“You realize they are mentally retarded,” an investigator said to Viers, according to the affidavit. Viers said “yes,” but declined to comment further after investigators showed him the policy about not socializing with clients, which he had signed.

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